VINOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of above captioned petitions filed under Section 439 of the Code of Criminal Procedure, prayer has been made on behalf of the bail petitioners, namely, Vinod, Rajender and Vicky for grant of regular bail in case FIR No.135/19 dated 1.7.2019, under Sections 307, 341, 323, 147, 148, 149 and 506 of IPC, registered at police Station, Sadar Shimla, District Shimla, Himachal Pradesh.

(2.) Sequel to orders dated 24th/29th July, 2019, HC Kishore Kumar, has come present alongwith the record. Mr. Sudhir Bhatnagar, learned Additional Advocate General, has also placed on record fresh status report prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Close scrutiny of the record/status report, reveals that on 1.7.2019, complainant Vikas lodged a complaint at police Station, Sadar, District Shimla, H.P., alleging therein that on 30.6.2019, at about 10:30 PM, when he had come to cart road for purchasing Ice cream, persons namely, Karan and Suraj stopped him and extended threats. He further alleged that after having heard noise, his younger brother Vikrant also came on the spot. On seeing his brother Vikrant, Karan and Suraj fled away from the spot at that moment, but subsequently they came alongwith persons namely, Raju, Karan, Suraj, Rahul, Vicky and Vinod and gave merciless beatings to him as well as his brother with the help of beer bottle and chopper, as a result of which, they suffered serious injuries. Allegedly, the bail petitioners before this Court also gave beatings to the persons namely, Bunty and Vipin, who had come to the spot to rescue Vikas and his brother Vikrant. Police got the complainant medically examined at DDU Hospital, Shimla and subsequently on the basis of the aforesaid statement made by the complainant, lodged formal FIR , as has been taken note hereinabvoe, against the bail petitioners under Sections 307, 341, 323, 147, 148, 149 and 506 of IPC. Bail petitioners are behind the bars since 1st July, 2019. Co-accused Suraj, who earlier absconded, has been already granted bail by the Co-ordinate Bench of this Court vide order dated 5th August, 2019.